HF 2339

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to correctional officer safety; establishing 
  1.3             an expedited process for the nonconsensual collection 
  1.4             of a blood sample from an inmate when a corrections 
  1.5             employee is significantly exposed to the potential 
  1.6             transfer of a bloodborne pathogen; amending Minnesota 
  1.7             Statutes 2002, section 241.336, by adding a 
  1.8             subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 241.336, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 3.  [PROCEDURES WITHOUT CONSENT; EXPEDITED 
  1.13  PROCESS.] (a) An inmate in a correctional facility is subject to 
  1.14  the collection and testing of a blood sample if a significant 
  1.15  exposure occurs.  In the absence of affirmative consent and 
  1.16  cooperation in the collection of a blood sample, the head of a 
  1.17  correctional facility may order an inmate to provide a blood 
  1.18  sample for testing for bloodborne pathogens if the requirements 
  1.19  of this subdivision are met. 
  1.20     (b) The head of a correctional facility must not order the 
  1.21  taking of a blood sample under this subdivision unless one or 
  1.22  more affidavits have been executed attesting that: 
  1.23     (1) the correctional facility followed the procedures in 
  1.24  sections 241.33 to 241.342 and attempted to obtain bloodborne 
  1.25  pathogen test results according to those sections; 
  1.26     (2) a licensed physician knowledgeable about the most 
  1.27  current recommendations of the United States Public Health 
  2.1   Service has determined that a significant exposure has occurred 
  2.2   to the corrections employee under section 241.341; and 
  2.3      (3) a physician has documented that the corrections 
  2.4   employee has provided a blood sample and consented to testing 
  2.5   for bloodborne pathogens, and bloodborne pathogen test results 
  2.6   are needed for beginning, continuing, modifying, or 
  2.7   discontinuing medical treatment for the corrections employee 
  2.8   under section 241.341. 
  2.9      (c) The head of the correctional facility may order the 
  2.10  inmate to provide a blood sample for bloodborne pathogen testing 
  2.11  if, based on the affidavits submitted under paragraph (b) or 
  2.12  other available evidence: 
  2.13     (1) there is probable cause to believe the corrections 
  2.14  employee has experienced a significant exposure to the inmate; 
  2.15     (2) the correctional facility imposes appropriate 
  2.16  safeguards against unauthorized disclosure, limits uses of 
  2.17  samples to those authorized by section 241.338, limits access to 
  2.18  the test results to the inmate and to persons who have a direct 
  2.19  need for the test results, and establishes a protocol for the 
  2.20  destruction of test results after they are no longer needed; 
  2.21     (3) a physician for the corrections employee needs the test 
  2.22  results for beginning, continuing, modifying, or discontinuing 
  2.23  medical treatment for the corrections employee; and 
  2.24     (4) the head of the correctional facility finds that the 
  2.25  interests of the corrections employee and the state in obtaining 
  2.26  the test results outweigh the interests of the inmate.  In that 
  2.27  analysis, the head of the correctional facility may consider the 
  2.28  corrections employee's interests, including health, safety, 
  2.29  productivity, resumption of normal work and nonwork activities, 
  2.30  and peace of mind against the interests of the inmate, including 
  2.31  privacy, health, and safety.  The head of the correctional 
  2.32  facility may also consider the interests of the state and 
  2.33  public, including economic, productivity, and safety interests. 
  2.34     (d) Facilities shall cooperate with petitioners in 
  2.35  providing any necessary affidavits to the extent that facility 
  2.36  staff can attest under oath to the facts in the affidavits.  
  3.1      [EFFECTIVE DATE.] This section is effective the day 
  3.2   following final enactment.